Overstayed Visa, Now married to an American

[joeranonis]

I recently married a Costa Rican native, who entered the United States on a legal tourist visa. She has overstayed the visa by almost two years. This is NOT a sham marriage. Would she be eligible for a resident alien (green card) since she qualifies as family, even with the overstay?

[mtouch]

I recently married a Costa Rican native, who entered the United States on a legal tourist visa. She has overstayed the visa by almost two years. This is NOT a sham marriage. Would she be eligible for a resident alien (green card) since she qualifies as family, even with the overstay?

She can adjust status but it's advisable to hire an immigration lawyer to take care of her case to be sure that she doesn't get denied.

[aus901]

You can apply for change of status for her, please work with Immigration attorney so that they know how to submit the documents to USCIS in this case. Dont worry hopefully she will be back in status as dependent.